Evidence Act, 1872, Section 101 -- Burden of proof - Suit for permanent injunction - Initial burden lies on plaintiff to prove that he was in actual and physical possession of property as on the date of suit...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for injunction simplicter - Not maintainable where complicated disputed questions of fact and law relating to title and possession of parties over suit property involves, as same can only be decided in a comprehensive suit for declaration of title and injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
Co-sharers -- Co-sharer in possession is entitled to sell his or her share and deliver possession...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Inquiry u/s 145 Cr.P.C is limited to question as to who was in actual possession on date of report or information, irrespective of title to property and right to possess the same...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Condition precedent for initiating proceeding u/s 145 Cr.P.C is satisfaction of Executive Magistrate regarding apprehension of breach of public peace on account of dispute relating to actual possession of subject property as per report or information received by Executive..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Both the parties to dispute have rival claim regarding title to subject property and possession thereof - Executive Magistrate did not find himself able to decide possession of parties over it without any inquiry and hence, proceeding u/s 145 Cr.P.C was initiated - Alleged..........
Specific Relief Act, 1963, Section 38 -- Injunction - In a suit for injunction, plaintiff has to prove his prima facie possession over suit property...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - In the absence of evidence that plaintiff is in exclusive possession of the property and there had been a partition, suit for permanent injunction against co-sharer is not maintainable - The only remedy for plaintiff would be to seek partition of suit land...........
